Best Guest Partner Program Terms for Listing Portals
These terms (the “Program Terms”) govern the partner (affiliate) program of the Best Guest service (the “Service”), operated by Hotel Analytics s.r.o., Company ID 06723756, VAT ID CZ06723756, registered office at Krakovská 582/23, 110 00 Prague 1, entered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 287868/MSPH (the “Provider”).
The program is intended for businesses that operate an accommodation listing portal, booking platform or similar service on which hosts publish their accommodation listings, and that refer hosts to the Service in exchange for a share of the payments made for referred listings (the “Program”). The Program is not the guest and host referral program under the Referral Program Terms; the relationship between the two programs is set out in §17.3.
These Program Terms become binding upon conclusion of a written partner agreement under §2.1 (the “Partner Agreement”), of which they form an integral part. In the event of a conflict between the Partner Agreement and these Program Terms, the Partner Agreement prevails.
1. Definitions
1.1. Partner — a business that has concluded a Partner Agreement with the Provider.
1.2. Partner Portal — a website, application or other service operated by the Partner on which hosts publish accommodation listings, as identified in the Partner Agreement.
1.3. Partner Link — a link to the Provider’s website containing the Partner’s unique identifier, assigned to the Partner in the Partner Agreement, including the co-branded landing page the Provider sets up for the Partner on its website.
1.4. Host Terms — the Best Guest Terms and Conditions for Accommodation Providers as in effect from time to time.
1.5. Host — a user of the Service within the meaning of the Host Terms.
1.6. Listing — the smallest bookable accommodation unit (an apartment, cottage, room, etc.) that a Host has created in the Service and for which the Service is charged under the Host Terms. A Host may have any number of Listings in the Service.
1.7. Referred Listing — a Listing attributed to the Partner under §3. The unit of attribution and the unit of reward calculation is always the individual Listing — never the Host, their user account, their billing profile, or the totality of their Listings.
1.8. Gross Amount — the amount invoiced to the Host for the Service, excluding value added tax.
1.9. Eligible Payment — a payment the Host actually settles with the Provider for the Service, in the portion of the Gross Amount attributable to Referred Listings under §4.3, net of any discounts and credits already reflected in the amount charged. A refunded, reversed or unsettled payment is not an Eligible Payment.
1.10. Reference Moment — the moment at which the Partner Link was last used before the Host’s registration under §3.1.
1.11. Existing Customer — a Host who has, or held within the 12 months preceding the Reference Moment, a host account with the Provider.
2. Participation in the Program and the Partner’s position
2.1. Participation in the Program commences upon conclusion of the Partner Agreement. The Partner Agreement identifies, in particular, the Partner, the Partner Portal, the Partner Link, the settlement currency under §5.2, the Partner’s bank account for payment of the reward, and the date from which Listings are attributed to the Partner. The Provider is not obliged to conclude a Partner Agreement with every applicant.
2.2. The Partner declares that it is an entrepreneur within the meaning of Section 420 et seq. of Act No. 89/2012 Sb., the Czech Civil Code, and that it concludes the Partner Agreement in the course of its business. Provisions on consumer contracts do not apply to the relationship arising from the Partner Agreement and these Program Terms.
2.3. The Partner participates in the Program in its own name and for its own account. The Partner’s activity consists exclusively of placing the Partner Link and promoting the Service under §9. The Partner is not the Provider’s commercial agent within the meaning of Section 2483 et seq. of the Czech Civil Code, is not authorized to negotiate or conclude contracts, make representations, assume obligations or accept payments in the Provider’s name, and performs no activity for the Provider that would require the Provider’s instructions or supervision.
2.4. A contract for use of the Service is concluded exclusively between the Provider and the Host under the Host Terms. The Partner is not liable for the Hosts’ performance towards the Provider, and the Provider is not liable for the relationship between the Partner and Hosts on the Partner Portal.
2.5. Participation in the Program is non-exclusive. The Partner may promote other services, and the Provider may conclude partner agreements with other partners, including operators of competing portals. The Partner has no obligation to achieve any minimum number of referrals.
3. Attribution of a Referred Listing
3.1. A Host’s registration is attributed to the Partner whose Partner Link was most recently used before the registration, provided the registration occurs within 30 days of that use. If, after the Partner Link was used and before registration, another partner’s link or a referral link under the Referral Program Terms was used, the registration is attributed to whichever link was used last.
3.2. A registration is not attributed to the Partner, and no Listing of such a Host becomes a Referred Listing, where the Host: a) is an Existing Customer; in that case, no Listing the Host creates later is attributed to the Partner either; b) is the same person as the Partner, or is a person controlled by the Partner, controlling the Partner, or otherwise connected to the Partner within the meaning of Section 74 et seq. of Act No. 90/2012 Sb., on Business Corporations; c) is a person with whom the Provider was demonstrably already in discussions about using the Service before the Reference Moment, and who registered as a result of those discussions.
3.3. The Provider may rely on the ground under §3.2(c) only if it notifies the Partner of it, with evidence of the prior discussions, within 30 days of the Host’s registration. If no such notice is given within that period, the attribution of the registration stands.
3.4. A Listing of a Host whose registration was attributed to the Partner under §3.1 becomes a Referred Listing if it is published on the Partner Portal and the Host, when creating it in the Service or without undue delay thereafter, designates the Partner Portal as a place where the Listing is published. Listings of the same Host that are not published on the Partner Portal are not attributed to the Partner, even where they are kept under the same user account or billing profile.
The Provider may require the Host to provide evidence that the Listing is published on the Partner Portal, and may decline to make, or may end, the attribution where such evidence is not provided.
3.5. A Listing that was created in the Service before the Reference Moment does not become a Referred Listing, and no reward is calculated from payments for it, including for periods after the Reference Moment. Attribution never operates retroactively.
3.6. A single Listing is attributed to at most one Partner. A single registration is attributed to at most one Partner or one Referrer under the Referral Program Terms.
3.7. The attribution of a Referred Listing lasts for as long as the Listing is kept in the Service by the same Host, regardless of whether it remains published on the Partner Portal. If the Host deletes a Referred Listing and, within 12 months, creates a Listing for the same accommodation again, the new Listing is deemed to be the same Referred Listing.
3.8. The reward applies to income from Referred Listings listed on the Partner Portal and does not apply to the Provider’s existing customers. The exact terms of the Program are part of the Partner Agreement.
3.9. Attribution is recorded by the Provider on the basis of the use of the Partner Link and the designation under §3.4. The Provider keeps records of attribution and makes the part concerning the Partner available to the Partner in the statement under §6.1.
3.10. Where a Listing is transferred in the Service to another billing profile of the same Host, the attribution continues. Where a Listing passes to another Host, the attribution ends on the date of the transfer.
4. Reward eligibility and amount
4.1. A reward is earned by the Partner automatically once the conditions of these Program Terms are met; earning it does not depend on the Provider’s approval. Review under §6 is only a control step before payout.
4.2. For each Eligible Payment, the Partner earns a reward equal to 15% of that payment. The reward is not limited by any total amount or duration; it is due to the Partner for every Eligible Payment for as long as the attribution of the Referred Listing lasts under §3.7. This does not affect the Provider’s right to end further accrual of the reward by paying the settlement under §13.5.
4.3. The portion of the Gross Amount attributable to Referred Listings is determined for each invoice as follows: a) for a subscription plan charged according to the number of Listings, as the Gross Amount attributable to the subscription, divided by the number of Listings included in the invoiced count, and multiplied by the number of Referred Listings among them; b) for the pay-per-form plan, as the price of forms created for stays in Referred Listings; c) discounts, credits and coupons applied at the level of the whole invoice are apportioned pro rata to the share of the amounts under (a) and (b) in the total Gross Amount.
Where an invoice is paid in instalments, the reward is calculated from the paid part in the same proportion.
4.4. An Eligible Payment does not include payments for one-off services provided outside the Service’s price list (in particular a paid setup service or individual training), payments for goods, amounts the Provider merely collects or passes on for the Host (in particular local fees collected from guests), or payments settled using credit granted under the Referral Program Terms.
4.5. The reward is rounded mathematically to whole crowns, or to two decimal places in EUR, for each statement period as a whole.
4.6. No reward is earned, and an earned reward lapses, if the Partner: a) breached §2.3, §3.2, §9 or §11; b) obtained an attribution through conduct that circumvents or abuses the Program, in particular by leading a Host to delete and re-create a Listing or to register a new account in order to bring about an attribution; c) provided the Provider with false information material to the reward’s eligibility.
A lapse under this article concerns only the attributions affected by the Partner’s conduct, unless the breach is repeated or intentional.
5. Currency of the reward and conversion
5.1. The reward arises in the currency in which the Eligible Payment was settled by the Host.
5.2. In the Partner Agreement, the Partner chooses a single settlement currency: Czech crowns or euros. Rewards arising in another currency are converted into the settlement currency at the Czech National Bank’s exchange rate on the last day of the statement period.
5.3. The reward is agreed exclusive of value added tax; §15 is unaffected. The Provider pays no interest on the reward.
6. Statements and payout
6.1. The statement period is the calendar month. Within 15 days after the end of a statement period, the Provider issues the Partner a statement that lists, for each Referred Listing, its internal identifier, date of attribution, the Eligible Payments settled in the statement period and the reward arising from them, together with the total reward for the statement period in the settlement currency. The statement contains neither the name, nor the contact details, nor the address of the Host.
6.2. The Partner may object to a statement within 30 days of its delivery. The Provider resolves the objection within 30 days of receiving it and, where justified, issues a corrected statement. Where identifying a specific Listing is necessary to resolve the objection, the Provider tells the Partner the address at which the Listing is published on the Partner Portal, if it has been communicated to the Provider; the Partner uses that information solely to resolve the objection. If the Partner does not object within the period, the statement is deemed approved; this does not affect the Partner’s right to raise an error in the statement that could not have been discovered with ordinary care, no later than 12 months after delivery of the statement.
6.3. Where the Partner objects that a particular Listing should have been attributed under §3.4, it provides the address at which the accommodation is published on the Partner Portal and evidence that the Host’s registration was attributed to the Partner under §3.1. If the Provider accepts the objection, it attributes the Listing with effect from the first day of the statement period the objection concerns; earlier payments are not included in the reward.
6.4. After a statement is approved or an objection resolved, the Partner issues the Provider an invoice for the reward for the statement period, due 30 days from its delivery. The reward is paid by bank transfer to the account stated in the Partner Agreement.
6.5. The reward is paid out once the unpaid balance for one or more statement periods reaches at least CZK 1,000, or EUR 40. A lower balance is carried over to the next statement period and is in any case paid out, regardless of its amount, no later than together with the statement for December of the calendar year, upon termination of the Partner Agreement, and upon termination of the Program.
6.6. The Provider may set off against the reward its due receivables from the Partner arising under the Partner Agreement or these Program Terms.
6.7. The Provider may delay payout beyond the periods under this article only while investigating a reasonable suspicion under §4.6, for no more than 60 days, and informs the Partner of the delay and its reason. If the Provider declines to pay out the reward or part of it, it states the reason to the Partner.
6.8. No more than once per calendar year, at its own cost and on at least 30 days’ prior notice, the Partner may have an independent auditor or tax advisor bound by confidentiality verify the completeness and accuracy of the statements for up to the preceding 24 months. The Provider cooperates to the extent necessary for the verification, without disclosing Hosts’ personal data beyond what the verification requires, or information about other partners. If the verification reveals an underpayment exceeding 5% of the reward for the verified period, the Provider bears the cost of the verification and pays the shortfall within 30 days.
7. Refunded and unsettled payments
7.1. If the payment a reward was based on is later refunded, reversed or taken back through a chargeback, the reward based on it lapses.
7.2. If such a reward has already been paid out, the Provider reduces the reward in the next statement by the corresponding amount. If no further reward of a sufficient amount arises within 12 months, the Partner returns the difference within 30 days of the Provider’s request.
8. Ending the attribution of an individual Referred Listing
8.1. The attribution of an individual Referred Listing ends: a) when the Listing is deleted from the Service or the contract between the Provider and the Host ends, subject to the second sentence of §3.7; b) when the Listing passes to another Host under §3.10; c) on a ground under §4.6; d) where evidence of publication is not provided under the third sentence of §3.4; e) upon termination of the Partner Agreement without entitlement to post-termination reward under §13.3.
8.2. Ending under §8.1(a), (b) and (d) does not affect a reward already earned, including a reward not yet paid out.
8.3. The Provider may end an attribution on grounds other than those under §8.1 only by the procedure under §13.5.
9. Promotion rules and use of marks
9.1. The Partner may place the Partner Link on the Partner Portal, in its own communication channels and in communication with Hosts who are users of the Partner Portal, in compliance with the law and with the terms the Partner has agreed with those Hosts.
9.2. The Partner must not, in particular: a) send the Partner Link unsolicited by email, SMS or other electronic message to persons who have not consented to receive it or who are not users of the Partner Portal; b) use the Partner Link in paid advertising on keywords containing “Best Guest” or the Provider’s business name, or register domains or social-media accounts containing those marks; c) impersonate the Provider or its employees; d) make false or misleading statements about the Service, in particular claim that the Service fulfils statutory obligations on the Host’s behalf or relieves the Host of responsibility for fulfilling them; e) publish the Partner Link on discount- or coupon-aggregator sites; f) offer Hosts the reward or any part of it as an incentive to register without the Provider’s consent; g) collect Hosts’ personal data or pass it to the Provider without a legal basis.
9.3. For the term of the Partner Agreement, the Provider grants the Partner a non-exclusive, non-transferable, royalty-free licence to use the “Best Guest” mark and the Service’s logo solely to promote the Service under this article, in the form the Provider supplies. The Partner may not alter the marks or use them in a manner that could damage the Provider’s reputation.
9.4. For the term of the Partner Agreement, the Partner grants the Provider a non-exclusive, royalty-free licence to use the Partner Portal’s name and logo on the co-branded landing page under §1.3, in the list of partners on the Provider’s website, and in content created jointly under §10.2. Any use beyond this requires the Partner’s consent.
9.5. Where the Partner presents the Service to Hosts as a recommendation, it clearly states that it is a paid partnership. Breach of this article is a ground under §4.6(a).
10. Offer to Hosts and joint content
10.1. The Provider may offer Hosts who register via the Partner Link a welcome benefit, in particular an extended trial period or a discount. The specific benefit is shown on the co-branded landing page or at registration, and the Provider may change it; it has no effect on the amount of the reward.
10.2. The Provider may prepare for the Partner content about Hosts’ statutory obligations intended for publication on the Partner Portal or in the Partner’s communication with Hosts. The content remains the Provider’s work; the Partner may publish it unchanged for the term of the Partner Agreement, crediting the Provider as author. The content is informational and is not legal advice.
10.3. The co-branded landing page clearly tells the Host that it was created in cooperation with the Partner.
11. Confidentiality
11.1. The content of the Partner Agreement, statements, the amount of the reward, the number of Referred Listings and any other non-public information a party learns in connection with the Program are confidential. Neither party discloses them to a third party without the other party’s consent, except to its advisors bound by confidentiality and where disclosure is required by law or by a decision of a public authority.
11.2. The fact that the Partner is the Provider’s partner, and the reward rate stated in these Program Terms, are not confidential.
11.3. The confidentiality obligation continues for 3 years after the end of the Partner Agreement.
12. Liability
12.1. The Provider does not guarantee that any number of Hosts will register via the Partner Link, nor that Hosts will use the Service for any period. The Provider does not guarantee uninterrupted availability of the Partner Link or the co-branded landing page; where a use of the Partner Link is not recorded for a reason on the Provider’s side, the Partner may claim attribution by the procedure under §6.3.
12.2. To the extent permitted by law, neither party is liable to the other for lost profit or for indirect or consequential loss.
12.3. To the extent permitted by law, the Provider’s total liability to the Partner for loss arising from the Partner Agreement and these Program Terms is limited to an amount equal to the reward paid to the Partner in the 12 months preceding the loss, but no less than CZK 50,000.
12.4. The limitations under §12.2 and §12.3 do not apply to loss caused intentionally or by gross negligence, to harm caused to a natural person’s inherent rights, to a weaker party’s right to compensation for loss, or to the obligation to pay a reward that has been earned.
13. Term, termination and settlement
13.1. The Partner Agreement is concluded for an indefinite period.
13.2. Either party may terminate the Partner Agreement without cause on 3 months’ notice, running from the first day of the calendar month following delivery of the notice.
13.3. Either party may terminate the Partner Agreement with immediate effect if the other party materially breaches its obligations and fails to remedy the breach within 30 days of a written request; no remedy period applies to a breach that cannot be remedied or to conduct under §4.6. If the Provider terminates the Partner Agreement under this article because of the Partner’s conduct under §4.6, the Partner’s entitlement to reward from the Referred Listings affected by that conduct lapses; where the breach is repeated or intentional, the entitlement to reward from all Referred Listings lapses from the effective date of termination.
13.4. Upon the end of the Partner Agreement under §13.2 or termination by the Partner under §13.3, no further registrations or Listings are attributed to the Partner. The entitlement to reward from Referred Listings attributed up to the end of the Partner Agreement continues after its end, on the conditions of §3.7 and §4; §6 and §7 continue to apply.
13.5. The Provider may end the further accrual of reward under §13.4 — upon termination of the Program under §14.4, upon termination under §13.2, or upon a change of the person controlling the Provider — solely by paying a settlement equal to twelve times the Partner’s average monthly reward for the 12 full calendar months preceding the notice, or for all full calendar months of the attribution’s duration where fewer. The Provider notifies the Partner of the settlement in writing and pays it within 30 days of the notice; on the day the settlement is paid, the entitlement to reward from payments settled after that day ends. Reward from payments settled up to the day the settlement is paid is settled under §6.
13.6. The Provider may not proceed under §13.5 before 12 months have elapsed since the Partner Agreement was concluded.
13.7. The settlement under §13.5 is the agreed consideration for the early ending of the entitlement to reward under §13.4. It is not compensation for the acquisition of customers. Should the Partner, as a result of the same termination, become entitled to a special indemnity under the provisions on commercial agency or to another similar statutory claim, the settlement under §13.5 is also provided towards the discharge of that claim, and the Provider is obliged to pay only the amount by which that claim exceeds the settlement. §2.3 is unaffected.
14. Changes to the Program Terms and ending the Program
14.1. The Provider may unilaterally change these Program Terms to a reasonable extent, in particular the reward rate, the method of statements, the promotion rules and the conditions for earning a reward. It notifies the Partner of the change by email to the address stated in the Partner Agreement at least 30 days before the change takes effect. The Provider may not, by this route, change §13.4, §13.5, §13.7 or §14.2.
14.2. A change to the reward rate or the conditions for earning a reward does not affect Referred Listings attributed before its effective date; for the entire duration of their attribution, the version in effect on the date of their attribution applies. A change does not affect a reward already earned.
14.3. A Partner who disagrees with a change may terminate the Partner Agreement before the change takes effect, with effect as of that date; §13.4 applies.
14.4. The Provider may end the Program on at least 90 days’ notice. Ending the Program is deemed a termination of all Partner Agreements by the Provider as of the same date; §13.4 and §13.5 apply.
15. Taxes and levies
15.1. The reward is the Partner’s income from its business activity. Each party is responsible for meeting its own tax and levy obligations relating to the reward.
15.2. The reward is agreed exclusive of value added tax. Where the Partner is a VAT payer, it states the tax on the invoice in accordance with the applicable law; in that case the Provider pays the reward including the tax, unless it is itself obliged by law to account for the tax.
15.3. Where the Partner is not established in the Czech Republic, it states on the invoice the particulars required for a cross-border supply of services, and the parties cooperate as needed to apply value added tax correctly in both states.
15.4. The Partner acknowledges that the Provider is not a VAT payer. By receiving a taxable supply from a person not established in the Czech Republic, the Provider becomes obliged to account for the tax in the Czech Republic; that tax is a cost to the Provider that cannot be claimed as an input-tax deduction. The Partner provides the Provider with the cooperation and documents needed to meet this obligation.
15.5. Where the Provider is obliged by law or by an international treaty to withhold or secure tax from the reward, it reduces the amount paid by the tax withheld and issues the Partner a certificate of the tax withheld. On request, the Partner provides the Provider with the documents needed to apply a reduced rate or an exemption under an international treaty, in particular a certificate of tax residence and a declaration of beneficial ownership of the income.
15.6. The Provider may request from the Partner the information necessary to meet its own legal obligations (identification details, tax identification number, certificate of tax residence), and may delay payout until it is provided.
16. Data protection
16.1. The Partner passes no personal data of Hosts to the Provider; attribution under §3 arises solely from the Host’s use of the Partner Link and the Host’s own designation under §3.4.
16.2. The statement under §6.1 contains neither the name, nor the contact details, nor the address of the Host. Where the Provider tells the Partner a Listing’s address by the procedure under §6.2, or cooperates in a verification under §6.8, the Partner uses the information so obtained solely to resolve the objection or to verify the statements, and does not disclose it to a third party.
16.3. Each party is an independent controller of the personal data it processes in connection with the Program. The Provider processes the personal data of the Partner’s contact persons to the extent necessary to perform the Partner Agreement, issue statements and meet legal obligations, on the basis of Art. 6(1)(b), (c) and (f) of Regulation (EU) 2016/679 (GDPR). The Provider’s processing of Hosts’ personal data is governed by the Host Privacy Policy.
16.4. The Provider records the use of the Partner Link on its website in a technically necessary manner, for the time needed for attribution under §3.1; the use of the Partner Link on the Partner Portal and its records are the Partner’s own matter.
16.5. Where the parties agree in the Partner Agreement to exchange data beyond §16.1 and §16.2, they also set out there the purpose, scope and legal basis of that processing.
17. Final provisions
17.1. These Program Terms, the Partner Agreement and the legal relationships arising from them are governed by the law of the Czech Republic. Disputes arising from them are decided by the courts of the Czech Republic; the court with local jurisdiction is the court of the Provider’s registered office.
17.2. Questions, notices and objections under these Program Terms are sent to support@bestguest.cz, or to the Partner’s contact address stated in the Partner Agreement. A notice is deemed delivered on the day the email is sent, unless the sender receives a non-delivery report.
17.3. The Referral Program Terms do not apply to the Partner or to its participation in the Program. A registration attributed to the Partner under §3 is not attributed to any Referrer under the Referral Program Terms, and vice versa.
17.4. Matters not addressed by these Program Terms or the Partner Agreement are governed by general legal provisions, in particular Act No. 89/2012 Sb., the Civil Code. The Host Terms do not apply to the relationship between the Provider and the Partner unless these Program Terms expressly provide otherwise.
17.5. The Partner may not assign the Partner Agreement or receivables under it without the Provider’s prior written consent. The Provider may assign the Partner Agreement to its legal successor or to an acquirer of the business, or part of it, of which the Service forms part; it informs the Partner of the assignment.
17.6. Rights and obligations under the Partner Agreement and these Program Terms pass to the parties’ legal successors.
17.7. If any provision of these Program Terms is invalid, ineffective or to be disregarded, this does not affect the remaining provisions. Such a provision is replaced by a valid provision that most closely reflects its content and purpose.
17.8. These Program Terms are prepared in Czech, Slovak and English. The version in the language in which the Partner Agreement is concluded is authoritative; where it is concluded in another language, the Czech version is authoritative.
17.9. These Program Terms take effect on October 1, 2026.